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Attorney Fees Ruling
Copyright Infringement. The U.S. District Court for the Southern District of New York awarded attorney fees and costs to the defense in a suit that alleged the song 'Stand Up' by hip-hop artists Ludacris and Kanye West infringed the plaintiff's composition 'Straight Like That.' BMS Entertainment/Heat Music LLC v. Bridges, 04 Civ. 2584 (PKC). A jury found in favor of the defendants. In its attorney-fees ruling, the district court noted that the failure of plaintiffs' counsel to comply with court orders during the litigation 'was not a fleeting episode ' Moreover, the unwillingness of the plaintiff's expert to comply with requests from [plaintiffs' counsel Ernest] Savoy was, in substantial part, due to non-payment of the experts' fees, which may be fairly laid at the feet of the plaintiffs.'
In the Second Circuit, within which the Southern District resides, a 'presumptively reasonable fee' includes 'the reasonable hourly rate that a paying client would be willing to pay, taking all case specific variable[s] into account.' The Manhattan federal district court accepted that because 'Stand Up' was a major hit, it 'was, therefore, reasonable for the Bridges Defendants to hire experienced copyright counsel.'
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.